Autodeterminazione informativa, disposizioni anticipate di trattamento, cittadinanza digitale: evoluzione o frammentazione del quadro giuridico? Spatium cogitandi

Despite the long-term definition of “data protection and information self-determination” and “free informed consent” by doctrine and jurisprudence, these rights result to be subject to fast and substantial revisions within the process of "digital transformation", ongoing in the European Union and national agenda. This essay analyzes recent regulatory developments and case-law that have affected both legal notions, highlighting critical issues. The elaboration of "information self-determination " and "free informed consent" are reshaped in their definition and framework of protection in the Italian legislation (e.g. on Advanced Care Directives), in the Digital Services and Digital Markets Package as well as in the European Digital Strategy "Shaping Europe's digital future", increasingly characterized by multidisciplinary regulatory interventions and finalized for hybrid, unharmonized purposes.